PR Refused under CEC

[planetch]

Hi All,

I had applied PR under CEC category after 2 years work experience in Canada and full time job offer on 4th Sept and yesterday i received refusal notification mentioning following.
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"Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you declared arranged employment in your express entry profile with XXXX. After thorough review of all submitted documents, your employer failed to demonstrate an offer of continuous permanent employment for at least one year after permanent residence is granted, as defined under R82(1). Furthermore, you did not demonstrate that you meet the arranged employment requirements as set out in section 29(2)(a) of the Ministerial Instructions. Therefore, the job offer for arranged employment has been rejected."
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I am not sure how to interpret this since i had submitted all the required document including job offer, employment letter etc. And i am still employed with company.

only thing that i feel that could have gone wrong that my employment letter says that current work permit is valid till Nov 2019 (which is now under renewal by current employer only)

Pls advise

 

[jes_ON]

Hi All,

I had applied PR under CEC category after 2 years work experience in Canada and full time job offer on 4th Sept and yesterday i received refusal notification mentioning following.
-------------------------------------------------
"Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you declared arranged employment in your express entry profile with XXXX. After thorough review of all submitted documents, your employer failed to demonstrate an offer of continuous permanent employment for at least one year after permanent residence is granted, as defined under R82(1). Furthermore, you did not demonstrate that you meet the arranged employment requirements as set out in section 29(2)(a) of the Ministerial Instructions. Therefore, the job offer for arranged employment has been rejected."
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I am not sure how to interpret this since i had submitted all the required document including job offer, employment letter etc. And i am still employed with company.

only thing that i feel that could have gone wrong that my employment letter says that current work permit is valid till Nov 2019 (which is now under renewal by current employer only)

1. What kind of work permit did you have, and what kind of work permit will you have when it is renewed? (Is or has your employer applied for an LMIA?)

1.a. If the job is LMIA-exempt, had you worked for the same employer for at least one year before applying?

2. What was the exact wording of the employment term in the job offer letter? Was it an offer of employment for at least one year after you become a permanent resident?

 

[planetch]

1. What kind of work permit did you have, and what kind of work permit will you have when it is renewed? (Is or has your employer applied for an LMIA?) - Its closed work permit and will be same post renewal as well. LMIA is exempted for org that i work.

1.a. If the job is LMIA-exempt, had you worked for the same employer for at least one year before applying? - I work for same employer since 2014 in India and since Sept 17 in Canada.

2. What was the exact wording of the employment term in the job offer letter? Was it an offer of employment for at least one year after you become a permanent resident? i found these lines - Your overseas assignment at Canada shall be for a period of twelve (12) months from the “Date of Travel”. This period of deputation shall not be extended unless communicated in writing.

Do you think these lines played key role in refusal? However, these are standard letters given everyone who travels on overseas assignments. I know many of my colleagues on same NOC code with same letters, have got their PR approved.

Thanks!

 

[jes_ON]

1. What kind of work permit did you have, and what kind of work permit will you have when it is renewed? (Is or has your employer applied for an LMIA?) - Its closed work permit and will be same post renewal as well. LMIA is exempted for org that i work. SO you have a ICT work permit.

1.a. If the job is LMIA-exempt, had you worked for the same employer for at least one year before applying? - I work for same employer since 2014 in India and since Sept 2017? in Canada.

2. What was the exact wording of the employment term in the job offer letter? Was it an offer of employment for at least one year after you become a permanent resident? i found these lines - Your overseas assignment at Canada shall be for a period of twelve (12) months from the “Date of Travel”. This period of deputation shall not be extended unless communicated in writing.

From this, it is not clear if you used an old job offer letter (not good), or got a new one... But this is the reason you lost the 50 points - you did not get a (new?) job offer letter with an offer of employment for at least one year after becoming a permanent resident. It also says it will not be extended, plus, "Date of Travel" is very vague, esp if you´re already here.

Do you think these lines played key role in refusal?
Yes, absolutely.

However, these are standard letters given everyone who travels on overseas assignments. I know many of my colleagues on same NOC code with same letters, have got their PR approved.

Your application was refused because your recalculated CRS score fell below the cutoff for your draw. Some of your colleagues may have had enough points without the Job Offer points. The timing of their application may have allowed the VO to accept it. And sometimes it comes down to the judgment of the VO. Some VOs are more "by the book" than others.

Some people here have reported being accepted (as you say), so despite the fact that I don´t think your letter meets the requirements, you can send by Webform a Request for Reconsideration, but you would have to explain why you think the VO made an error in refusing your application. Chances are that the request will be refused, but since some people are accepted in this scenario, you could try.

In the meantime, start a new profile and see if you can increase your points without the job offer...

 

[VIVICLEO]

Hi All,

I had applied PR under CEC category after 2 years work experience in Canada and full time job offer on 4th Sept and yesterday i received refusal notification mentioning following.
-------------------------------------------------
"Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you declared arranged employment in your express entry profile with XXXX. After thorough review of all submitted documents, your employer failed to demonstrate an offer of continuous permanent employment for at least one year after permanent residence is granted, as defined under R82(1). Furthermore, you did not demonstrate that you meet the arranged employment requirements as set out in section 29(2)(a) of the Ministerial Instructions. Therefore, the job offer for arranged employment has been rejected."
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I am not sure how to interpret this since i had submitted all the required document including job offer, employment letter etc. And i am still employed with company.

only thing that i feel that could have gone wrong that my employment letter says that current work permit is valid till Nov 2019 (which is now under renewal by current employer only)

Pls advise

The letter should go like this:

Mr. XXXX has been employed with XYZ company since July 2014 in a continuous, full-time position. We anticipate that he will continue to be employed in a full-time role for an indetermined period. His duties are:

XXXXXXXXXXXXXX

 

[Rahul2602]

Hi All,

I had applied PR under CEC category after 2 years work experience in Canada and full time job offer on 4th Sept and yesterday i received refusal notification mentioning following.
-------------------------------------------------
"Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you declared arranged employment in your express entry profile with XXXX. After thorough review of all submitted documents, your employer failed to demonstrate an offer of continuous permanent employment for at least one year after permanent residence is granted, as defined under R82(1). Furthermore, you did not demonstrate that you meet the arranged employment requirements as set out in section 29(2)(a) of the Ministerial Instructions. Therefore, the job offer for arranged employment has been rejected."
---------------------------------------------------
I am not sure how to interpret this since i had submitted all the required document including job offer, employment letter etc. And i am still employed with company.

only thing that i feel that could have gone wrong that my employment letter says that current work permit is valid till Nov 2019 (which is now under renewal by current employer only)

Pls advise

Hi ur case is exactly same as mine... can u msg me ur number.

 

[s5773377]

Hi ur case is exactly same as mine... can u msg me ur number.

and got refused as well ? do you have whatapps to discuss ?

 

[Rahul2602]

and got refused as well ? do you have whatapps to discuss ?

Yes, 0955 258 0067.

 

[planetch]

Thanks Jes_ON. i'll try and raise case through Web portal and hope they consider it.

I dont think my company will give customized offer letter. So will self affidavit through lawyer work to justify? By, the way i do have all proofs to prove on going employment (T4s, Pay Stubs etc.)

Additionally, i contacted one lawyer and he said you cant claim 50 points since you came on ICT WP which is LMIA is exempted and you can claim it only if your NOC code is 00 or else you must have LMIA done.

Rahul - I will get in touch with you on the no posted above.

 

[talk2allan]

Hi "your employer failed to demonstrate an offer of continuous permanent employment for at least one year after permanent residence is granted, as defined under R82(1). Furthermore, you did not demonstrate that you meet the arranged employment requirements as set out in section 29(2)(a) of the Ministerial Instructions. Therefore, the job offer for arranged employment has been rejected.""

have you claimed 50 point for arranged employment. if you have than you have not provided sufficient documents stating that you have at least one year of employment after your PR.

 

[planetch]

Hi "your employer failed to demonstrate an offer of continuous permanent employment for at least one year after permanent residence is granted, as defined under R82(1). Furthermore, you did not demonstrate that you meet the arranged employment requirements as set out in section 29(2)(a) of the Ministerial Instructions. Therefore, the job offer for arranged employment has been rejected.""

have you claimed 50 point for arranged employment. if you have than you have not provided sufficient documents stating that you have at least one year of employment after your PR.

I've raised query in webform and added letter from HR which confirms my employment extension for next one year (current ICT WP was valid till 23 Nov 2019 and letter states my overseas assignment is extended by one year effective 24 Nov 2019).

So now i am hoping that VO considers it re evaluation.

Fingers crossed!

 

[Akki_akash]

Did you here anything from them

 

[planetch]

Did you here anything from them

Not yet..it takes 4-5 working day so i am guessing it will be sometime next week

 

[Akki_akash]

D

Not yet..it takes 4-5 working day so i am guessing it will be sometime next week

Hi Do you mind to share the process of how you submit the Reconsideration request as I got the refusal with the same condition?

 

[jes_ON]

I dont think my company will give customized offer letter. So will self affidavit through lawyer work to justify?
No.

By, the way i do have all proofs to prove on going employment (T4s, Pay Stubs etc.)
That´s great, but it won´t matter much without a valid job offer letter.

Additionally, i contacted one lawyer and he said you cant claim 50 points since you came on ICT WP which is LMIA is exempted and you can claim it only if your NOC code is 00 or else you must have LMIA done.
Sadly, the lawyer is wrong. There is absolutely nothing in the requirements distinguishing between NOC codes for LMIA-exempt work permit holders. Perhaps you misunderstood - there are more points for a valid job offer if the NOC is O level (vs. A and B).

The rules on what constitutes a valid job offer for LMIA-exempt work permit holders are on the IRCC website.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html